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K. Perkins v Sheffield City Council 
Thankfully, party wall court cases are relatively low in number, which may be attributed to their prescriptive nature thus operating within well-defined parameters. This means that when the rules are followed, there is little room for error and the parties (often represented by their surveyors) can deal amicably with the relevant matters. However, periodically, unwarranted deviations from the Party Wall Act result in disputes with unpredictable results. The case described in this paper, which was meant to be no more than a routine party wall dispute, illustrates how reckless deviation from a party wall award could result in legal proceedings causing loss of faith in law, undue stress to the adjoining owner and waste of parties’ resources. From start to completion the process took over 15 months and involved three separate in-house lawyers, a barrister, three court hearings (involving two district judges and a deputy district judge) and an inordinate amount of the adjoining owner’s surveyor’s time. As it is often promulgated, there are no clear winners in such cases and even a seemingly outright winner may have lost something through the process.
The full article is available to institutions that have subscribed to the journal.
Peyman Ghasemi is the principal of P G Construction Consultants Ltd (PGCCL) and a Construction Consultant with over 28 years' experience in design, survey and construction management of a wide variety of projects (including residential, commercial and industrial projects). Peyman has worked for and represented a wide variety of clients, ranging from domestic owners to large national companies. His academic qualifications include a master of science in construction engineering and a diploma in construction management. Peyman has been dealing with neighbourly issues for over 16 years and has dealt with a range of complex projects involving party wall disputes, boundary disputes, licensing issues, etc. Peyman is also a certified commercial mediator as well as an expert determinator, dealing amongst others, with construction and property disputes.
CitationGhasemi, Peyman (2016, November 1). K. Perkins v Sheffield City Council . In the Journal of Building Survey, Appraisal & Valuation, Volume 5, Issue 3.